Commentaries on the Laws of England Volume 4
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1775 edition. Excerpt: ... than to expiate the past: since, as was observed in a former chapter b, all punishments inflicted by temporal laws may be classed under three heads; such as tend to the amendment of the offender himself, or to deprive him of any power to do future mischief, or to deter others by his example: all of which conduce to one and the fame end, of preventing future crimes, whether that be effected by amendment, disability, or example. But the caution, which we speak of at present, is such as is intended merely for prevention, without any crime actually committed by the party, but arising only from a probable suspicion, that some crime is intended or likely to happen; and consequently it is not meant as any degree of punishment, unless perhaps for a man's imprudence in giving just ground of apprehension. By the Saxon constitution these sureties were always at hand, by means of king Alfred's wife institution of decennaries or frankpledges; wherein, as has more than once been observed % the whole neighbourhood or tithing of freemen were mutually pledges for each other's good behaviour. But this great and general security being now fallen into disuse and neglected, there hath succeeded to k the method os making suspected persons find particular and special securities for their future conduct: of which we find mention in the laws of king Edward the confessor d; "tradatfidejujjores "dt pace et legalitate tuenda." Let us therefore consider, first, what this security is; next, who may take or demand it-s and, lastly, how it may be discharged. I. This security consists in being bound, with one or more sureties, in a recognizance or obligation to the king, entered on record, and taken in some court or by some judicial officer; whereby the parties...
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- 04 Jul 2012
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- Illustrations, black and white